Blueford v. Arkansas

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
10-1320	Ark. S. Ct.	Feb 22, 2012 Tr.Aud.	May 24, 2012	6-3	Roberts	OT 2011

Holding: The Double Jeopardy Clause does not bar the state from retrying Blueford on charges of capital murder and first-degree murder after the jury in Blueford’s original trial told the trial court that it had voted unanimously against those charges but was deadlocked on the manslaughter charge against him and eventually failed to reach a verdict, causing the court to declare a mistrial.

Plain English Summary: The defendant can be tried again on two serious charges even though the jury in the defendant's first trial unanimously agreed that the defendant was not guilty of those charges. Because the jury could not agree on the other charges in the case, the judge could properly declare a mistrial, requiring the defendant to face a second trial on all charges. The judge was not required to take a partial verdict acquitting the defendant on some of the charges.

Judgment: Affirmed, 6-3, in an opinion by Chief Justice Roberts on May 24, 2012. Justice Sotomayor filed a dissenting opinion, which was joined by Justices Ginsburg and Kagan.

SCOTUSblog Coverage

Opinion analysis: Retrial does not violate Double Jeopardy Clause (Anne Bowen Poulin)
Argument recap: Double jeopardy limits on state procedural choices? (Anne Bowen Poulin)
Argument preview: Does double jeopardy require partial verdicts? (Anne Bowen Poulin)
Plain English: Recent grants (Amy Howe)
Petition of the day (Conor McEvily)

Briefs and Documents

Merits Briefs for the Petitioner

Amicus Briefs in Support of the Petitioner

Merits Briefs for the Respondent

Brief for Arkansas

Amicus Briefs in Support of the Respondent

Brief for the State of Michigan et al.

Certiorari-stage documents

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Editor's Note :

Blueford v. Arkansas

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Challengers urge justices to dismiss census case after district court ruling (Updated) – Amy Howe

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